Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Evidence in CIETAC arbitrations under the CIETAC Arbitration Rules 2015 (PRC): burden of proof, document production, witnesses, experts, tribunal investigations, and the CIETAC Guidelines on Evidence (Archived)

Published by a LexisNexis Arbitration expert

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its existing 2015 Arbitration rules, prompted by the need for greater adaptability and efficiency in the digital age and by evolving international Arbitration practice, following a revision plan launched in April 2021.

Spanning over 30 provisions, the Revisions address:

digital case management
multi-tiered arbitration agreements
jurisdiction
multi-contract arbitrations
arbitral procedures
other challenging issues

The Revisions take effect on 1 January 2024 and apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have applied since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as described in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which govern arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84), or earlier CIETAC arbitrations where the parties consent to use the 2015 rules. For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Kevin Hong

Norton Rose Fulbright

Kevin is an Of Counsel in the Dispute Resolution Group of Norton Rose Fulbright Hong Kong. Kevin's practice focuses on international arbitration and commercial litigation. He advises local and multinational corporations on fraud and asset recovery and in resolving joint venture, shareholders, shipping, sale of goods, product liability, insurance and other contractual disputes. In particular, he has significant experience representing clients in construction related disputes. Kevin has represented clients in arbitration proceedings conducted under the HKIAC, UNCITRAL, SIAC, CIETAC and LMAA rules as well as ad hoc arbitration proceedings in a number of jurisdictions. Kevin has contributed to arbitration publications for various major publishers in the region including Arbitration in Hong Kong: A Practical Guide, 2nd Edition, Construction Arbitration in Hong Kong: A Practical Guide and BAC arbitration: a step-by-step guide. Kevin is currently serving as a regional representative for North Asia for the...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...